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Collective Labour Rights for Self-Employed Workers
  • Language: en
  • Pages: 305

Collective Labour Rights for Self-Employed Workers

  • Categories: Law

Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards col...

Trade Union Rights at the Workplace
  • Language: en
  • Pages: 122

Trade Union Rights at the Workplace

  • Categories: Law

"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays prese...

Regulation of Fixed-term Employment Contracts
  • Language: en
  • Pages: 226

Regulation of Fixed-term Employment Contracts

  • Categories: Law

In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - de...

Seafarers' Rights in the Globalized Maritime Industry
  • Language: en
  • Pages: 186

Seafarers' Rights in the Globalized Maritime Industry

  • Categories: Law

The enormous technological, financial, and structural changes of recent decades have revolutionized the international shipping industry, bringing about lower freight rates, shorter time in port and fast turnarounds, reduction in crew size, employment of cheap labour from developing countries, avoidance of national regulations and taxes, and diminished living and working standards on board. Exploitation of seafarers has always existed, but now it has become more common and frequent. Shipowners can cut costs in various ways, but the most profitable and easiest to achieve are those at the expense of labour costs, in particular costs for maintaining proper living conditions on board the ship. Th...

Managers in European Law
  • Language: en
  • Pages: 439

Managers in European Law

  • Categories: Law

Business organisations depend on having one or more persons who can legitimately make strategic business decisions. But what are the legal entitlements of such key professionals? This is the first book – with contributions from experts across Europe – to take a broad comparative look at how the delimitation of rights and duties of executive and non-executive managers is done under different areas of EU law and across different jurisdictions (namely, EU and national law). Aspects of the executive role covered include the following: extensive treatment of definitions and methodologies to ascertain the status of managers as ‘workers’ in Europe; comprehensive interdisciplinary and compar...

Converging Regions
  • Language: en
  • Pages: 248

Converging Regions

  • Type: Book
  • -
  • Published: 2016-05-13
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  • Publisher: Routledge

For over a millennium, Asia and the Middle East have been closely connected through maritime activities and trade, a flourishing relationship that has given rise to new and thriving societies across the Indian Ocean region and Arabia. In recent times, with the global political and economic power shifts of the past decade, significant events in the Middle East and Asia have brought about fundamental global change; the Arab uprisings, the emergence of India and China as powerful global economies, the growing strength of various new Islamic movements, and serious financial uncertainties on a global scale have laid the foundations of a new world order between East and West. The current volume examines this renewed global dynamic, and how it is changing the relationships between the interdependent global communities across Asia and the Middle East. Focussing on the broader aspects of finance and trade between the Middle East and Asia, as well as growing security issues over natural resources and questions of sovereignty, this volume concludes with speculations on the growing importance of Asia and the Middle East in the global setting.

Labour Law and Social Progress
  • Language: en
  • Pages: 446

Labour Law and Social Progress

  • Categories: Law

For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at t...

Temporary Agency Work in the European Union and the United States
  • Language: en
  • Pages: 358

Temporary Agency Work in the European Union and the United States

  • Categories: Law

Since the very beginning, temporary agency work has been an accepted feature in the United States’ labour market. In the European Union, however, it took more than thirty years to agree on European-level legislation in this area. The European Directive 2008/104/EC on Temporary Agency Work was promulgated on 19 November 2008. Implementation was due by 5 December 2011. The directive left many options for Member States, such as regarding the fundamental issue of equal treatment between the temporary agency worker and a comparable worker in the user enterprise. Furthermore, Member States had to review restrictions or prohibitions on the use of temporary agency work in order to comply with the directive. This book provides in-depth insight into the transposition of Directive 2008/104/EC in national legislation, collective agreements, and practices throughout the European Union. A comparison with the regulation of temporary agency work in the United States gives perspective to the analysis and allows for an assessment of the level of protection afforded in this sector of the labour market both in the EU and in the US.

Systems of Employee Representation at the Enterprise
  • Language: en
  • Pages: 385

Systems of Employee Representation at the Enterprise

  • Categories: Law

Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law – originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 – twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the fol...

The Notion of Employer in the Era of the Fissured Workplace
  • Language: en
  • Pages: 301

The Notion of Employer in the Era of the Fissured Workplace

  • Categories: Law

The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of ...